Contested Divorce Petitions in Malaysia: Your Essential Guide

 


Imagine a courtroom showdown in Malaysia's marital drama. Meet Adam and Eve, a couple facing a cross  road of separation. Adam is ready to sign the divorce papers, but Eve stands firm, creating a spicy legal deadlock. 



Enter the "Contested Divorce Petition," (or sometimes known as Single Petition) a powerful legal move that gives Adam a chance to have his say, even if they don't see eye to eye. In order to file a Contested Divorce Petition, Adam has to rely on one or more of the Grounds and/or Proof of Breakdown provided under Section 54(1) of the Law Reform (Marriage & Divorce) Act 1976.





WHAT ARE THE GROUNDS/PROOF OF BREAKDOWN ILLUSTRATED UNDER THE LAW?

Here we go......

1. Adultery: is a legal basis for divorce if one of the parties has engaged in it. When a spouse has a sexual relationship with someone other than their spouse, it is called adultery. For instance, Adam could apply for divorce on the grounds of adultery if he finds out Eve has been having an affair with someone else.




2. Unreasonable behaviour: It may be grounds for divorce if one partner acts in a way that makes it impossible for the pair to cohabitate. Among other things, this behaviour could include verbal or physical abuse, drug addiction, or reckless spending. For instance, Adam can apply for divorce based on Eve's unreasonable behaviour if she verbally abuses him repeatedly and fosters a hostile environment at home.




3. Desertion: A divorce may be granted if one spouse has abandoned the other continuously for at least two years. Desertion is when one spouse purposefully leaves the marriage without a good reason or the other spouse's approval. Let's say Eve abandons her husband, Adam, for more than two years without any communication or assistance. Adam may then request a divorce on the grounds of desertion.



4. Living Separately: If a couple has lived apart continuously for at least two years, that can be grounds for divorce. This indicates that the couple has lived separately and apart for the predetermined amount of time. For illustration, if Adam and Eve have  been living in separate houses and leading separate lives for more than 2 years, either of them can file for divorce based on living apart.



IS THERE ANY PRE-REQUISITES TO SATISFY BEFORE I FILE FOR CONTESTED DIVORCE IN COURT AGAINST MY SPOUSE?

Yes, you need to refer your marital difficulty to a conciliatory body. The conciliatory body has certified that it has failed to reconcile the parties.





DO YOU HAVE MORE QUESTIONS REGARDING A CONTESTED DIVORCE?

Leave a comment below or email me at forlawme.yuva@gmail.com

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